Overview

David has represented clients for almost 20 years in complex litigation involving business and commercial disputes, claims of professional liability, and issues related to financial institutions and insurance. He has served as lead counsel in multimillion-dollar cases involving alleged breaches of contract, breaches of fiduciary duty, legal malpractice, claims involving accountants and auditors, and other claims of professional negligence and business torts, and he has handled insurance disputes related to these matters.

David has tried cases to verdict in federal and state courts and represented clients in jurisdictions across the United States, including in arbitrations and other alternative approaches to dispute resolution. He has also assisted clients in internal investigations.

Whether representing plaintiffs or defendants, David always aims to resolve disputes effectively and efficiently, maximizing recoveries for clients asserting claims and minimizing risk for those defending against them.

His successful representations have involved issues that include:

  • Alleged breaches of contract
  • Fraud and related business torts
  • Legal, accounting, and other professional malpractice
  • Fiduciary breaches
  • Rights of publicity, defamation, and other privacy issues
  • Post-closing disputes
  • TRO and injunction practice
  • Appellate proceedings
  • Experience

    • Winning a complete defense award following a week-long arbitration hearing in a $100 million case for breach of contract, fraud, negligence, and other torts against a clearing broker.
    • Defending nearly a dozen multimillion-dollar claims against lawyers for legal malpractice, breach of fiduciary duty, and related torts, including successfully arguing in the Illinois Supreme Court and other appellate courts in defense of favorable decisions at the trial court level.
    • Representing a federal agency in the investigation and litigation of dozens of commercial litigation and professional liability matters involving accountants, directors and officers, fidelity bond insurers, and appraisers, resulting in more than $100 million in total recoveries.
    • Winning a $43 million arbitration award plus declaratory relief following a two-week evidentiary hearing in a contract dispute over tax sharing, defeating our opponent’s claim of more than $50 million, prevailing on all 11 issues in the case, and obtaining an award of arbitrator fees as the prevailing party.
    • Obtaining and successfully defending on appeal a complete defense verdict following a jury trial on a $14 million claim for breach of contract against a real estate developer.
    • Winning a TRO and preliminary injunction to enforce a healthcare provider’s long term leases with operators of its facilities, to prevent the operators from closing the facilities, and to appoint a manager for the facilities due to the operators’ defaults.
    • Defeating breach-of-contract claims and prevailing on certain counts of a metals distributor’s counterclaim arising from misstated financial statements following a one-week evidentiary hearing in an expedited arbitration where full written and oral discovery was completed in eight weeks.
    • Prevailing on critical summary judgment issues that led to an eight-figure settlement immediately before jury selection in a fidelity bond case arising from one of the largest Ponzi schemes in U.S. history.
    • Representing a criminal defendant accused of conspiring to commit and committing mail, wire, and tax fraud in a nearly three-week federal jury trial.
    • Prevailing in multiple TRO, injunction, and other expedited proceedings, including obtaining a TRO and preliminary injunction to prevent a chemical manufacturer’s key supplier from terminating its supply contract with the client, defeating TRO and injunction efforts to halt a client’s sale of its participation interest in a $22 million line of credit, and defending a preliminary injunction request sought against a client in a trust controversy.
  • Credentials

    Education

    • University of Notre Dame Law School, J.D., 2001, magna cum laude
    • Swarthmore College, B.A., Philosophy, 1998

    Bar Admissions

    • Illinois
    • U.S. Court of Appeals for the Fourth Circuit
    • U.S. Court of Appeals for the Seventh Circuit
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. District Court for the Northern District of Illinois (Trial Bar)
    • U.S. District Court for the Northern District of Indiana
    • U.S. District Court for the Eastern District of Wisconsin

        Clerkships

        • Honorable Ann Claire Williams, U.S. Court of Appeals, Seventh Circuit (2003)
        • Staff Attorney, U.S. Court of Appeals, Seventh Circuit (2001-2003)

        Professional Memberships

        • Chicago Bar Association
          • Judicial Evaluation Committee, Member
          • Professional Responsibility Committee, Legislative Liaison
        • American Bar Association
      • Insights

        TITLE
        News Release

        Eighty-One Attorneys Named to 2021 Leading Lawyers

        Schiff Hardin LLP is pleased to have 81 attorneys named to the 2021 Leading Lawyers list.

        News Release

        Eighty-Eight Attorneys Named to 2020 Leading Lawyers

        Schiff Hardin LLP is pleased to announce that 88 attorneys have been named to the 2020 Leading Lawyers list.

        News Release

        2019 Leading Lawyers Lists Recognize 95 Schiff Attorneys

        Schiff Hardin LLP is pleased to have 95 attorneys named to the 2019 Leading Lawyers list.

        News Release

        95 Schiff Hardin Lawyers Named to 2018 Leading Lawyers Lists

        Ninety-six Schiff Hardin lawyers have been named to the 2018 Leading Lawyers lists for Illinois and Michigan.

        News Release

        99 Schiff Hardin Attorneys Named to 2017 Leading Lawyers List

        Ninety-nine Schiff Hardin lawyers have been named to the 2017 Leading Lawyers list for Illinois and Michigan.

        News Release

        22 Schiff Hardin Lawyers Named to 2016 Emerging Lawyers Network

        The list comprises those attorneys who are most recommended as top lawyers among their peers.

        News Release

        40 Schiff Hardin Lawyers Named to 2016 Illinois Super Lawyers, Rising Stars Lists

        The Super Lawyers selection methodology includes a statewide nomination process, peer review by practice area, and independent research on candidates.

        Speeches & Presentations

        • “Attorney-­Client Privilege and Work Product,” Schiff Hardin LLP, Chicago, Ill. (Dec. 11, 2019; Feb. 14, 2019; Mar. 13, 2018; Mar. 8, 2017; Apr. 25, 2013)
        • “Legal Ethics – Professional Responsibility and Liability for Illinois Lawyers,” Lorman Education Services Webinar (May 10, 2016)
        • “Legal Ethics: Conflicts of Interest,” Legal Ethics in Illinois, Naperville and Chicago, Ill. (May 7 and 14, 2013)
      • Citizenship

        Pro Bono Activities

        David is actively involved in pro bono matters. In addition to serving as appointed counsel in federal court in criminal and civil-rights cases, he has represented clients in civil and family law matters through Chicago Volunteer Legal Services (CVLS) and has represented criminal defendants on appeal in conjunction with the Illinois Office of the Appellate Defender.

      • Awards & Honors

        • Illinois Leading Lawyer, Law Bulletin's Illinois Leading Lawyers Network (2017-2021)
        • Emerging Lawyer, Law Bulletin Publishing Company's Leading Lawyers (2016)
        • Illinois Rising Star, Illinois Super Lawyers, Thomson Reuters (2009, 2012-2016)